Conspiracy, Attempts, Parties, Accessory

Question 1

Define conspiracy

Mulcahy V R

Answer 1

Two or more people involved where an agreement is made to commit an offence and at the time all parties had an intention to commit the offence

Question 2

What are the three elements of an attempt?

Answer 2

Intent (mens rea) to commit the offence

Act (actus reus) did or omitted doing in order to achieve that end

Proximity to the offence

Question 3

Define attempts

Answer 3

Everyone who having an intent to commit an offence, does or omitted an act for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible or not

Question 4

What is held for R v Harpur in relation to attempts

Answer 4

The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops the defendants conduct may be viewed in its entirety. How much remains to be done is relevant though not determinative

Question 5

When is there no defence for an attempt?

Answer 5

Changing their mind or a voluntary withdrawal after completing an proximate to the intended offence

Prevented by an outside agency

Ineptitude, inefficiency or insufficient means

Intervening event made it physically impossible

Question 6

Define parties?

Answer 6

Everyone is guilty when:

Actually commits the offence

Does or omits an act for the purpose of aiding any person to commit the offence

Abets any person in the commission of an offence

Incites, counsels any person to commit the offence

Question 7

Describe the difference between the principal and secondary offenders

Answer 7

Principal offender satisfies the actus reus and the mens rea of an offence

Secondary party assists, abets, incites or counsels the principal party in the offence

Question 8

In relation to parties what was held in R v Betts and Ridley

Answer 8

An offence where no violence is contemplated and the principal offender in carrying out the common aim used violence, a secondary offender taking no physical part in it would not be held liable for the violence used

Question 9

What is an innocent agent?

R v Paterson

Answer 9

An innocent agent is someone who is unaware of the significance of their actions

The person who incites or employes the innocent agent is deemed the principal party

Question 10

Define accessory after the fact

Answer 10

Anyone who, knowing any person to have been a party to an offence, receives, comforts, or assists that person or tampers with actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction